Freedom of Association
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Freedom of Association
Indicator
Freedom of Association
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LRI 2024
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Romania

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Romania’s overall score is 93 out of 100. The overall score for Romania is greater than the regional average observed across Eastern Europe (88). Within the Eastern Europe, the highest score is observed for Greece & Hungary (96).

Romania ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1957 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1958.

Labour Rights Index 2024

93/100

LRI Country Score

75/100

Freedom of Association Indicator

21.39 %

Trade union density rate (%)

15 %

Collective bargaining coverage rate (%)

2.44

SDG indicator 8.8.2

3

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

Yes

1

§9 & 40 of Constitution of Romania 1991; §214-220 of Labour Code No. 53/2003

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

§41 of Constitution of Romania 1991; §6, 39, 229 & 230 of Labour Code No.53/2003; §54 of the Act no. 367 of December 19, 2022 regarding social dialogue; CEACR, C98, Obs. 2023

A,B

Does the law provide for the right to strike?

Yes

1

§59, 83, 233-236 & 260 of Labour Code No. 53/2003; §146, 170 & 171 of the Act no. 367 of December 19, 2022 regarding social dialogue

A

Does the law prohibit imposing of excessive sanctions against striking workers?

Yes

1

§43, Constitution of Romania 1991; §59, 83, 233-236 & 260, Labour Code No. 53/2003

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

Information

Source: §9 & 40 of Constitution of Romania 1991; §214-220 of Labour Code No. 53/2003

Information

Source: §41 of Constitution of Romania 1991; §6, 39, 229 & 230 of Labour Code No.53/2003; §54 of the Act no. 367 of December 19, 2022 regarding social dialogue; CEACR, C98, Obs. 2023

A : National Law

National Labour Legislation

"Art 54. ............ C. at unit level: a) have legal status as a trade union or trade union federation; b) have organizational and patrimonial independence; c) the number of members of the union or, as the case may be, of the component unions of the union federation represents at least 35% of the total number of employees/workers in a legal employment relationship or a service relationship with the unit. ................."

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Article 4. Promotion of collective bargaining at the enterprise level. The Committee notes with satisfaction that, further to its previous comments, Act No. 367/2022 has: (i) strengthened the key role of trade union organizations by providing that elected staff representatives may only negotiate collective agreements in the complete absence of trade union organizations in the enterprise (sections 57, 58 and 102 of the Act); (ii) lowered from 50 per cent to 35 per cent the proportion of affiliated workers in an enterprise required in order for a trade union to be considered representative (section 54); and (iii) provided for various arrangements (section 102) to allow for bargaining with workers’ organizations if no trade union reaches the aforementioned representativeness threshold in the enterprise (in particular through the participation of representative federations or confederations at the sectoral or national level, to which the enterprise trade union would be affiliated or, in the absence of such organizations, by allowing for joint bargaining by all trade unions present in the enterprise). The Committee further notes the extension of the obligation to bargain to enterprises with between ten and 20 workers (section 97)."

Information

Source: §59, 83, 233-236 & 260 of Labour Code No. 53/2003; §146, 170 & 171 of the Act no. 367 of December 19, 2022 regarding social dialogue

A : National Law

National Labour Legislation

"Article 146 (1) The strike can only be declared if, beforehand, the possibilities of resolving the collective labor conflict have been exhausted through the mandatory procedures provided by this law, only after the warning strike has been carried out and if the moment of its initiation has been brought to the attention of the employers by to the organizers at least 2 working days before, respectively for the units provided for in art. 173 , at least 5 working days before. (2) Strike claims cannot be other than those left unresolved after conciliation or mediation, as the case may be, with the exception of solidarity strikes. (3) The initiation and termination of the strike shall be communicated by the strike organizers to the territorial labor inspectorate within the radius of which the unit in which the strike is initiated is based, at least 24 hours before the initiation, respectively within 24 hours of its termination, according to the model presented in annex no. 4 . Article 170 They cannot declare a strike: prosecutors, judges, military personnel and personnel with special status from the Ministry of National Defense, the Ministry of Internal Affairs, the Ministry of Justice and from the institutions and structures under their subordination or coordination, including the National Penitentiary Administration, the Service Romanian Intelligence, of the Foreign Intelligence Service, of the Special Telecommunications Service, personnel employed by foreign armed forces stationed on the territory of Romania, as well as other categories of personnel who are prohibited from exercising this right by law. Article 171 Personnel from air, naval, land transport of any kind cannot participate in the strike from the moment of departure on the mission/race until its completion. "

Information

Source: §43, Constitution of Romania 1991; §59, 83, 233-236 & 260, Labour Code No. 53/2003